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John F. Warner (WSBA No.14571, admitted 1984), of Seattle, has been suspended for two years pursuant to a stipulation approved by the Disciplinary Board on September 17, 1999 and by the Supreme Court on December 7, 1999. The discipline is based on his entering a sexual relationship with a client, marrying that client while married to someone else, making false statements to conceal the prior marriage, and taking money that belonged to his firm without authorization.
Matter 1: In 1996, Mr. Warner represented a client suffering from severe depression in a social security overpayment matter. Mr. Warner entered into a personal and sexual relationship with the client, while continuing to represent her until he resigned from his firm in May 1998. During this relationship, Mr. Warner falsely told the client that he was divorced. He prepared a two-page fake "Decree of Dissolution," using falsified pleading paper and a fictitious King County Superior Court cause number. Mr. Warner applied for a marriage license, falsely stating he was divorced. In July 1997, he married his client while still married to his wife. Mr. Warner intentionally concealed the marriage to his client from his family and co-workers, and made false representations to his medical insurance company and the firm office manager that he was divorced. Mr. Warner was divorced in March 1998.
In May 1998, after learning that Mr. Warner had deceived her about his marital status, the client commenced an action to invalidate their marriage. Mr. Warner’s conduct violated RPC 1.7(b), prohibiting representing a client if the lawyer’s own interests will materially limit the lawyer’s representation; RPC 8.4(c), prohibiting lawyers from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; RPC 8.4(b), prohibiting commission of a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer (bigamy in violation of RCW 9A.64.010); and RLD 1.1(a) prohibiting committing an act of moral turpitude.
Matter 2: In 1998, Mr. Warner received $13, 715 in funds belonging to his firm. Mr. Warner instructed an inexperienced temporary secretary to deliver the checks to him, instead of to the firm’s bookkeeper. Mr. Warner cashed the checks and retained the funds for his personal use. Mr. Warner stated that the funds were to replace bonuses that the firm had failed to pay him. The firm discovered the missing funds after Mr. Warner resigned. Mr. Warner paid back all of the funds. Mr. Warner’s conduct violated RPC 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation. The sanction imposed in this case involved significant mitigating factors and probation conditions.
Douglas Ende represented the Bar Association. Leland Ripley represented Mr. Warner. Jan Eric Peterson was the hearing officer.
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